Gum titan Wrigley is engaged in a legal dispute in the US over a flavor of its 5 Gum that uses the trademarked name ‘Swerve’ belonging to sweetener makers Swerve IP.

Wrigley claims it would lose more than $2m in lost sales and rebranding if the product was pulled.

Mars-owned Wrigley last year attempted to register a trademark for the word ‘Swerve’ for use in chewing gum.

However, Swerve IP tried to stop Wrigley’s application by sending the confectioner a letter arguing that Wrigley’s use infringed its own registered trademark on the word “Swerve” – the name of its ‘all-natural’ erythirtol sweetener.

Wrigley filed for a declaratory judgment in the district court, while Swerve IP counterclaimed and sought a preliminary injunction.

Judge Harry D. Leinenweber ruled in the US District Court in Illinois on Friday that a full hearing was required and Swerve IP’s motion for a preliminary injunction will have to wait into the hearing.

What is erythritol?

Erythritol is derived from a natural microorganism found in honeycomb and also occurs also in fruits and vegetables, such as melons, grapes and asparagus.

Wrigley: $2m in losses if product pulled

During proceedings, Wrigley argued that it would suffer big losses if it was forced to pull the product.

“It contends that its immediate financial loss would exceed $2 million, including packaged inventory, ‘raw materials, lost sales, and rebranding costs; – as well as damage relationships with distrubutors and retailers,” said Leinenweber in his judgment.

“Furthermore, it contends, its relationships with distributors and retailers, including its share of shelf space, would irreparably suffer,” he continued.

Consumer confusion?

Swerve IP, which registered the word in 2009, claimed that consumers could confuse Wrigley’s use of the word with its own and attribute both parties’ products to one producer.

It further contended that both companies’ goods were promoted on social media and sold in similar channels – a claim Wrigley disputes.

Does erythirtol work in gum?

The sweetener makers also said they hope to expand into the mainstream gum and candy market.

However, Wrigley contended that Swerve IP’s sugar-free erythirtol sweetener wouldn't work in gum.

“Wrigley further argues no mass-marketed all-naturally sweetened chewing gum exists, because all-natural sweeteners cannot cost-effectively provide the intensity and duration of sweetness that mass-market customers demand,” said the judge.

Wrigley added that erythritol also faces obstacles from numerous patents, some of which are held by Wrigley.